Transport Workers' Union of New South Wales v Toll Transport Pty Limited, trading as AutoLogistics [2011] NSWIRComm 1050

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales v Toll Transport Pty Limited, trading as AutoLogistics [2011] NSWIRComm 1050 Hearing dates: 4/10/2011 Decision date: 03 November 2011 Before: Connor C Decision: Application for payment of a long distance loading to transport drivers declined Catchwords: INDUSTRIAL DISPUTE - transport industry - referral agreement arrangement - long distance travel - issue dealt with as a preliminary finding for a possible small claim - issues of jurisdiction discussed and considered - question of interpretation of various industrial instruments at issue - which of the industrial instruments prevails - claim for payment of a loading for long distance travel for certain transport drivers - claim dismissed Legislation Cited: Annual Holidays Act 1944 Industrial Relations Act 1996 Long Service Leave Act 1955 Long Service Leave (Metalliferous Mining Industry) Act 1963 Federal Fair Work Act 2009 Federal Workplace Relations Amendment (Work Choices) Act 2005 Cases Cited: Australian Workers Union v Moorings Developments Limited [2010] NSWIRComm 1017 Bryce v Apperley (1998) 82 IR 448 Codelfa Construction Pty Limited v State Rail Authority of New South Wales (1982) 149 CLR 337 George A Bond and Company Limited v McKenzie (1929) AR 498 Jones v Post Transport Pty Limited [2000] NSWCIMC 71 Kellogg (Australia) Pty Limited v National Union of Workers (1998) 89 IR 391 Kingmill Australia Pty Limited v Federated Clerks' Union of Australia (2001) 106 IR 217 Lonergan v Molloy (1914) AR 189 Perisher Blue v Australian Workers Union (1999) 91 IR 274 Transport Workers' Union of New South Wales v Chand [2010] NSWIRComm 1036 Category: Principal judgment Parties: Applicant Transport Workers' Union of New South Wales